Respecting Human Rights during the Execution of the European Arrest Warrant

Author:Ion Rusu
Position:Senior Lecturer, PhD, Faculty of Law, 'Danubius' University of Galati
Legal Sciences
Respecting Human Rights during
the Execution of the European Arrest Warrant
Ion Rusu
Abstract: In this paper we examine a topic in the field of European law, which is of particular interest, being
always a novel subject, that is the protection and human rights within the complex activity of executing the
European arrest warrant by the judicial authorities of each Member State. The paper continues previous
research materialized in some in studies and articles published in national or international specialized journals
or proceedings. The examination of the European arrest warrant institution has led to some conclusions,
which ultimately need to certify the completion of some provisions, notably the ones regarding the mutual
recognition and increase of efficiency. The work can be useful both for practitioners and theorists in the field,
the essential contribution consisting of the examination and the expressed critical opinions, which may lead to
the amendment and completion of the European legislative act.
Keywords: protection; modification; addition; European legislative act
1. Introduction
The establishment of the European Union, besides the indisputable advantages created to Member
States at all levels of cooperation in the most diverse areas has determined a disadvantage as well,
caused by the proliferation of crime, the difficulties involved in achieving an effective control of the
competent bodies, that would lead to the reduction of crime, and especially the cross-border one.
In fact, a potential lack of reaction of the Member States can jeopardize the attainment of one of the
important goals of the European Union, that is an area of freedom, security and justice.
The problem of judicial cooperation in criminal matters between Member States, notably simplifying
the surrender procedure- receiving procedures of persons wanted for the execution of a sentence or to
be subject to legal proceedings has represented a constant concern for the European institutions, that is
the reason why the existing legislation was modified and adapted to the new requirements imposed by
the successive developments in crime.
In this context, the Framework Decision 2002/584/JHA adopted a new institution designed to replace
extradition, which is the European arrest warrant.
As a relatively new form of cooperation in criminal matters between Member States, the European
arrest warrant was a permanent research object for many authors in the European Union, including in
Romania (I. Rusu, Al. Boroi, F.R. Radu, G. Stroe etc.), the institution itself being investigated and by
us as well in other papers published in journals, proceedings of conferences and university courses.
After entering into force of the European legislative act in question, the research conducted and the
legal practice revealed some flaws mostly related to some complicated procedures and the right of the
persons that are subject to such proceedings.
Senior Lecturer, PhD, Faculty of Law, “Danubius” University of Galati, 3 Galati Boulevard, 800654 Galati, Romania, Tel.:
+40.372.361.102, fax: +40.372.361.290, Corresponding author:

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